(1) This general permit
authorizes the following activities:
(a)
Dredging or filling in state-assumed waters for activities associated with the
restoration of upland areas damaged by storms, floods, or other discrete
events.
(b) Bank stabilization to
protect the restored uplands.
(2) This general permit does not authorize:
(a) Beach restoration or
nourishment.
(b) Reclamation of
lands lost to normal erosion processes over an extended
period
(3) The authorized
activities are subject to the following conditions:
(a) The restoration of the damaged areas,
including any bank stabilization, must not exceed the contours, or the mean or
ordinary high water line, that existed before the damage occurred.
(b) The work must commence, or be under
contract to commence, within two years of the date of damage, unless this
condition is waived in writing by the Agency.
(c) Dredging is limited to the amount
necessary to restore the damaged upland area and shall not significantly alter
the pre-existing bottom contours of the waterbody.
(4) The Agency shall determine the extent of
the pre-existing conditions using best available evidence and shall limit the
extent of any restoration work authorized by this general permit to
pre-existing conditions that were legally in existence prior to the discreet
event.
(5) The permittee must
submit a notice of intent to use this general permit to the Agency within 12
months of the date of the damage; for major storms, floods, or other discrete
events, the Agency may waive the 12-month limit for submitting a notice of
intent if the permittee can demonstrate funding, contract, or other similar
delays. The notice of intent must include the following:
(a) Documentation, such as a recent
topographic survey or photographs, to justify the extent of the proposed
restoration; and
(b) A sediment and
erosion control plan.
Editor notes:
The effective date of the
rule will be the effective date of assumption, which is the date identified by
EPA as published in the Federal Register ยง
373.4146,
F.S.
Notes
Fla. Admin.
Code Ann. R. 62-331.242
Rulemaking Authority 373.026(7), 373.043,
373.118 (1), 373.4131,
373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118,
373.129,
373.136,
373.413,
373.4131,
373.414,
373.4145,
373.4146,
373.416,
373.422,
373.423,
373.429
FS.
Adopted by
Florida
Register Volume 46, Number 146, July 28, 2020 effective
12/22/2020.
